PENNSYLVANIA DUI PENALTIES
TIER |
1ST OFFENSE |
2ND OFFENSE |
3RD OFFENSE |
FOURTH OR SUBSEQUENT |
|
FIRST
.08 - .099
Incapable of Safe Driving
|
6 months probation;
$300 fine; no loss of license; D/A treatment; Alcohol Highway Safety School;
Ungraded misdemeanor
|
5 days mandatory minimum - maximum 6 months jail; mandatory minimum $300 - $2,500 fine; 1 year license suspension; D/A treatment; Alcohol Highway Safety School; ungraded misdemeanor |
10 days mandatory minimum - maximum 2 years jail; mandatory minimum $500 - $5,000 fine; D/A treatment; 1 year license suspension; Alcohol Highway Safety School; second degree misdemeanor |
SAME |
|
SECOND
.10 - .159
Minor & .08-.099/Incapable
Accident & .08-.099/Incapable
|
2 days mandatory minimum - maximum 6 months jail; mandatory minimum $500 - $5,000 fine;1 year license suspension; D/A treatment; Alcohol Highway Safety School;
Ungraded misdemeanor
|
30 days mandatory minimum -
maximum 6 months jail; mandatory minimum $750 - $5,000 fine; 1 year license suspension; D/A treatment; Alcohol Highway Safety School;
Ungraded misdemeanor
|
90 days mandatory minimum - maximum 5 years jail; mandatory minimum $1,500 - $10,000 fine; 18 month license suspension; D/A treatment; Alcohol Highway Safety School;
First degree misdemeanor
|
1 year mandatory minimum - maximum 5 year jail; SAME |
|
THIRD
.16 and above
Refusal of Blood/Breath
Drugs or Drug/Alcohol Combo
|
3 days mandatory minimum - maximum 6 months jail; mandatory minimum $1,000 - $5,000 fine; 1 year license suspension; D/A treatment; Alcohol Highway Safety School;
Ungraded misdemeanor
|
90 days mandatory minimum - maximum 5 years jail; mandatory minimum $1,500 - $10,000 fine; 18 month license suspension; D/A treatment; Alcohol Highway Safety School;
First degree misdemeanor
|
1 year mandatory minimum - maximum 5 years jail; mandatory minimum $2,500 - $10,000 fine; 18 month license suspension; D/A treatment; Alcohol Highway Safety School;
First degree misdemeanor
|
SAME |
The outline of DUI penalties set forth above is not all inclusive. However, it gives an individual charged with DUI some perspective in terms of the penalties they may be subject to.
Clearly, the penalties for DUI in Pennsylvania can be significant. The mandatory jail time coupled with a license suspension can place a person's livelihood at risk. It is, however, important to note that a person charged with a DUI is subject to these penalties upon conviction,
not arrest. A conviction occurs upon entry of a guilty plea and sentencing or finding of guilt following a trial. As a result, it's important to get a knowledgable and experienced PA DUI defense attorney involved in your case at the earliest possible stage and before a conviction occurs.
With the right attorney, you may be able to minimize or eliminate some or all of these penalties by either negotiated plea agreement or acquittal following a trial. Our attorneys have experience defending DUI cases in counties throughout Pennsylvania. Attorney Shawn Curry has defended DUI cases from preliminary hearing, to trial, to appeal and received training in Standard Field Sobriety Testing and Evidentiary Breath Testing.
Attorney David Hershey has ascertained significant knowledge in DUI defense through his years litigating such matters at all levels of court and serves as an instructor teaching judges and attorneys in the areas of DUI and Motor Vehicle Code violations.
If you have been charged with a DUI in Pennsylvania and the penalties for a DUI conviction are a cause of concern for you, contact our PA DUI defense attorneys today.